Ezhilarasu.R, v. The Secretary To Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.02.2021
CORAM
THE HON'BLE MR.JUSTICE V.PARTHIBAN and W.M.P.(MD)Nos.2970 of 2971 of 2021 R.Ezhilarasu ... Petitioner -vs1.The Secretary to the Government of Tamil Nadu, Social Welfare Department, Fort ST.George, Chennai - 600 009.
2.The Chairman, Social Welfare Department, No.300, Purusaivakkam High Road, Kallis, Chennai - 600 010.
3.The District Collector, Thanjavur District, Thanjavur.
4.The District Child Protection Officer, Department of Social Defence, Government Children Home Campus, Thanjavur - 613 077.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the fourth respondent in No.058/Ma.Ku.Pa.A/2019-40 dated 08.11.2019, quash the same as illegal and consequently direct the respondents to issue fresh notification for the selection, constitution of the Child Welfare Committee in Thanjavur District. For Petitioner : Mr.R.Rajaraman For Respondents : Mr.C.Ramesh Special Government Pleader ***
ORDER
The case of the writ petitioner is that he applied for consideration of being appointed as Member of the Child Welfare Committee, Thanjavur District in response to the notification issued 1/3
by the Social Welfare Department dated 15.01.2019. According to him, totally 40 candidates applied and among them, only 15 candidates were selected vide proceedings of the said notification. The grievance of the petitioner herein is that the notification restricts the appointment from a particular District and therefore, the same is opposed to Article 14, 15 and 16 of the Constitution of India. According to him, his candidature was rejected on the sole ground that he did not belong to Thanjavur District and therefore, he is before this Court challenging the proceedings of the selection dated 08.11.2019.
2.From the above factual narrative, it could be seen that the selection itself was over as early as on 15th November 2019 and the petitioner has leisurely approached this Court at this distance of time. Moreover, what is put to challenge in the Writ Petition is strangely not any selection notice but a call letter directing the petitioner to attend the interview. When this fact was pointed out to the learned Counsel for the petitioner as to how he could challenge a call letter, the learned Counsel appears to have no clue at all. This Court is aghast as to how casually the Writ Petition has been filed by the Counsel without even verifying as to what is subjected to challenge. Even otherwise, how could such a challenge be maintainable at this distance of time and nothing has been stated as to what happened to the selection and as to what is the nature of his actual grievance.
3.These kinds of Writ Petitions cannot be entertained even for a second and though this Court is inclined to impose exemplary cost as the casual and reckless Writ Petitions being filed as a matter of course, yet considering the overall factual scenario, this Court is refraining from imposing the cost.
4.For the above said reasons, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM 2/3
To 1.The Secretary to the Government of Tamil Nadu, Social Welfare Department, Fort ST.George, Chennai - 600 009.
2.The Chairman, Social Welfare Department, No.300, Purusaivakkam High Road, Kallis, Chennai - 600 010.
3.The District Collector, Thanjavur District, Thanjavur.
4.The District Child Protection Officer, Department of Social Defence, Government Children Home Campus, Thanjavur - 613 077.
+1 CC to M/s.SPL GP ( SR-7472[F] dated 26/02/2021 ) +1 CC to M/s.R.RAJARAMAN, Advocate ( SR-7458[F] dated 26/02/2021 ) 25.02.2021 ma(CO) TR(07.04.2021) 3P 7C 3/3